An Open Letter to the U.S. Supreme Court by “Bear Arms” Kang

For about 50 years, the government of Massachusetts has been unlawfully
prosecuting and incarcerating otherwise innocent people for exercising our right to
keep and bear Arms, under the color of “licensing authorities,” who “impose
occupational fees or licensing requirements on a profession,” see MGL 6 § 172N.
The state’s “license to carry firearms,” like any other professional license, is
a requirement administered and enforced by the executive branch, specifically the
Executive Office of Public Safety and Security (EOPSS). The EOPSS regulates
persons who carry on businesses as gunsmiths or gun dealers, and those who carry
firearms “in the performance of their duties,” such as security guards, private
detectives, and auxiliary or volunteer police. However, there is no such thing as a
“license to bear arms” for personal use.

By prosecuting people exercising a constitutionally secured private right as
if it were a public entitlement, the Massachusetts government violates the public
rights doctrine, the major questions doctrine, the separation of powers doctrine, the
state’s Administrative Procedure Act, the Declaratory Judgment Act, and multiple
constitutional prohibitions and due process guarantees. This seriously undermines
judicial independence and deprives the courts of subject matter jurisdiction, as
fully explained in the amicus curiae briefs filed by Six New Hampshire State
Representatives in the cases of Commonwealth v. Dean F. Donnell and Philip J.
Marquis:

 https://www.ma-appellatecourts.org/pdf/SJC-13561/
SJC-13561_05_Amicus_Gerhard_Brief.pdf
https://www.ma-appellatecourts.org/pdf/SJC-13562/
SJC-13562_04_Amicus_Gerhard_Et_Al_Brief.pdf

I humbly pray that you will help end this unconscionable injustice.